Brittany Higgins told the court she wore the white dress in which she was allegedly raped six weeks later to a Liberal function in an attempt to “take it back” and “separate it from the rape”.
But Higgins told federal court Friday that her “favorite” pencil dress, which she once wore “all the time,” was not taken back and was never worn again.
Higgins appeared in court on Friday for the second day of cross-examination in the defamation case brought by former Liberal party staffer Bruce Lehrmann. Lehrmann is suing Network Ten and journalist Lisa Wilkinson over an interview with Higgins on Ten’s The Project in which she claimed she was raped by a Liberal staffer in Parliament House. Network Ten and Wilkinson are defending the case and Higgins is a witness for the defence.
In December, ACT prosecutors dropped charges against Lehrmann for the alleged rape of Higgins, saying a retrial would pose an “unacceptable risk” to his health.
Lehrmann pleaded not guilty to a charge of sexual intercourse without consent, denying that any sexual activity occurred at the first trial, which was canceled due to juror misconduct.
Higgins told the court on Thursday he accepted a position with Linda Reynolds in Perth following the alleged rape, but he was isolated and suicidal and felt the senator was avoiding him.
In court on Friday, Whybrow asked Higgins: ‘Do you have any memory of the thought processes you had while wearing the dress you say you were sexually assaulted in at the birthday party of the person you say has isolated you for the last few weeks? Is he treating you badly?’
“I think I was trying to get him back,” Higgins told the court. “I never wore it after that incident. “I thought maybe I could separate this from rape, but I never could.”
Higgins took action again on Friday when his testimony that he reported his rape to his new employer, Liberal senator Michaelia Cash, in 2019 was questioned.
“I don’t think I’ve reached the level [giving details about the venues] “But I just told them I was sexually assaulted,” Higgins said, before correcting herself and saying “rape.”
“I’m sorry, honestly I was raped on the couch. I told them this and the next morning.”
Portions of an hours-long preliminary interview were played in court, in which Wilkinson and his producer Angus Llewellyn and Higgins and his partner David Sharaz discussed the timing and political impact of the story.
One of the discussions was about whether then-opposition leader Anthony Albanese could help push the story forward, with Wilkinson saying he was “a bit of a dead duck at the moment”.
Sharaz later suggested in the recording that Labor senator Katy Gallagher might raise the issue in parliament.
Higgins rejected Whybrow’s claim that he leaked his story to the media to damage the Liberal party ahead of the 2022 federal election.
Relating to: Brittany Higgins is visibly angry and in tears as Bruce Lehrmann’s lawyer accuses her of lying about her rape allegation
Whybrow asked Higgins: “Are you seriously asserting before your Honor that one of your motivations in writing this story was not to cause political harm to the Liberal party?”
Higgins said this was “not about the Liberal party” but “about women in politics”.
“I had no intention of influencing the election, but I did want to change the culture in Parliament House,” Higgins said.
“I was angry at the culture of Parliament House and hurt by the Liberal party, but I was still a Liberal.
“[I am] “It doesn’t exist anymore, but it still was for a very long time.”
Higgins said he was hurt by Reynolds and Brown but did not see them as villains in his story.
“Fiona Brown was just following instructions and I never blamed her and I don’t,” Higgins said.
“In my opinion, Linda Reynolds avoided me and failed in her duty of care… but I don’t count them as the bad guys in this story. “From my perspective, I don’t think they did the right thing.”
Higgins was cross-examined about his media strategy, including briefing news.com.au reporter Samantha Maiden and giving a background document on the timeline of events to multiple journalists in the Canberra press gallery on 15 February 2021.
“David sent it to half the press gallery,” Higgins said.
Higgins told the court they had to distribute the timeline widely because there was so much press attention to his story and they were “overwhelmed” with the investigations.
Higgins said he mistakenly included Lehrmann’s name in the briefing document distributed to journalists and that the timeline for March 26, 2019, the date he went to the police, was incorrect.
Her first report to officers at Parliament House in 2019, days after the rape allegation, was withdrawn, followed by a second report to officers at Belconnen in 2021.
Higgins returned to the witness stand Tuesday.
• In Australia, the crisis support service is Lifeline 13 11 14. Other international helplines can be found at befrienders.org.